AZL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1490

Federal Court of Australia

AZL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1490 File number: WAD 537 of 2019

Judgment of: JACKSON J

Date of judgment: 15 October 2020

Catchwords: MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - visa cancellation decision - where applicant failed character test - where counsel for the applicant before the Tribunal made concessions - Tribunal determined it was not bound to consider non-refoulement claims - whether Tribunal fell into jurisdictional error by failing to consider non-refoulement claims as a reason to revoke visa cancellation decision - whether Tribunal fell into jurisdictional error by assuming that non-refoulement obligations would be considered in separate application for protection visa - whether Tribunal needed to consider representations concerning non-refoulement regardless of concession made by counsel - Tribunal correct to rely on concessions so as to proceed on the basis that no non-refoulement claim was before it - non-refoulement claim not substantial and clearly articulated - Tribunal otherwise gave representations appropriate consideration - no jurisdictional error found - application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43C, 44 Migration Act 1958 (Cth) ss 36, 476A, 501, 501CA

Cases cited: Ahmed v Minister for Immigration, Citizenship and Multicultural Affairs [2020] FCA 557 AXT19 v Minister for Home Affairs [2019] FCA 1423 Comcare v Fiedler [2001] FCA 1810; (2001) 115 FCR 328 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; (2019) 270 FCR 12 Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 Le v Minister for Immigration and Border Protection [2015] FCA 1473; (2015) 237 FCR 516 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Le [2016] FCAFC 120; (2016) 244 FCR 56 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Omar v Minister for Home Affairs [2019] FCA 279 Repatriation Commission v Warren [2008] FCAFC 64; (2008) 167 FCR 511 Sami v Minister for Immigration and Citizenship [2013] FCA 106 Sowa v Minister for Home Affairs [2019] FCAFC 111; (2019) 369 ALR 389 Toia v Minister for Immigration and Citizenship [2009] FCAFC 79; (2009) 177 FCR 125 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531